of Alvis

Citations

• 2019 COA 97
• 446 P.3d 963

Syllabus

The parties' marriage was dissolved. The court ordered equal parenting time for the parties' three children and ordered father to pay mother child support based on the child support schedule. Subsequently, father moved for an order requiring mother to pay the first $250 of uninsured medical expenses per child per year, which was initially granted by the court. Mother moved for relief under CRCP 59(a), requesting the court to allocate the expenses in proportion to the parties' incomes. The district court ruled that neither party can request reimbursement of uninsured medical expenses from another party for amounts less than $250 per child per year. Father appealed the district court's ruling, arguing that mother should bear the uninsured medical expenses because she receives child support. CRS § 14-10-115(10)(h)(II) specifically excludes from the definition of \extraordinary medical expenses\ the first $250 of uninsured medical expenses per child per year. Thus, the Court of Appeals concluded that the first $250 of uninsured medical expenses per child per year is included in the shared basic child support obligation. Where the parties share parenting time equally, each parent must pay uninsured medical expenses incurred during his or her parenting time, until the total for each child reaches $250, at which time the parents may seek reimbursement in proportion to their adjusted gross incomes. The order was affirmed.